Mediation fails in suit against Hamot cardiologists

A lawsuit that claims fraud among a group of cardiologists at UPMC Hamot is slowly proceeding in federal court in Erie after the case failed to settle at mediation.

The parties participated in unsuccessful mediation Monday, the mediator wrote in a motion filed later in the day. The mediator set a follow-up conference for May 23.

A key deposition also was to take place Monday, with all the depositions scheduled to end by Aug. 29, according to court records.

Once the parties gather all depositions and other pretrial evidence, in a process known as discovery, Hamot is expected to seek a dismissal of the case.

A former Hamot cardiologist, Tullio Emanuele, M.D., now of Kentucky, is claiming Hamot and the group of cardiologists engaged in a kickback scheme so that Hamot would get referrals from the doctors starting in October 2004. The suit claims Hamot overbilled Medicare in exchange for the referrals.

Emanuele's deposition was scheduled for Monday.

Hamot and the doctors are arguing the suit, which was served on them in January 2012, is groundless. The doctors are part of the cardiology group Medicor Associates Inc., a defendant.

Chief U.S. District Judge Joy Flowers Conti, seated in Pittsburgh, is handling the case, which had been assigned to Erie-based U.S. District Judge Sean J. McLaughlin until he left the bench in August.

Conti ordered discovery to end Aug. 29. She scheduled a follow-up conference for Sept. 10.

ED PALATTELLA can be reached at 870-1813 or by e-mail. Follow him on Twitter at twitter.com/ETNpalattella.